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Right of Union Representation in Employer Interviews: A Post-Weingarten Analysis

The right of employees to union representation during investigatory and disciplinary discussions with employers has been one of the most active areas of labor management relations in recent years. The Supreme Court's seminal decision in NLRB v. J. Weingarten, Inc. confirmed the National Labor Relations Board (the Board) policy that an employee has a right under the National Labor Relations Act2 (the Act) to insist on the presence of a union representative at an investigatory interview which the employee reasonably believes might result in disciplinary action. Shortly thereafter, the NLRB took an expansive view of an employee's right to representation. Recent Board decisions, however, have narrowed considerably the situations in which an employee is entitled to the Weingarten protections.

The purpose of this article is to trace the developments and shifts in Board policy since the Weingarten decision; to examine and analyze these developments; and to offer conclusions as to the present state of Board law.

Date posted: July 25, 2012

Suggested Citation

Dobranski, Bernard, Right of Union Representation in Employer Interviews: A Post-Weingarten Analysis (1982). St. Louis University Law Journal, Vol. 26, No. 1, 1982. Available at SSRN: https://ssrn.com/abstract=2113355